Terms and conditions
Buy Used & Local, LLC
Terms of Service
Effective Date: August 23, 2017
Buy Used & Local, LLC, a California limited liability company (“we,” “us,” “our”), provides an online estate sales auction platform and related services, www.buyusedandlocal.com, that is tailored to assist our users with conducting and purchasing from estate sales. Our platform, which consists of our online auction service and related estate sale services, is referred to here as the “Services.” You (the “user” or “you”) use the Services subject to these Terms of Service (the “Terms of Service” or the “Agreement”). The Services are the property of Buy Used & Local, LLC and its licensors.
By visiting our website or using any Services, you are agreeing to be bound by the Terms of Service. If you do not agree, do not use any of the Services. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
This is a legal agreement between you and us for use of any of the Services. This Agreement applies to you whether you are a prospective or actual buyer or seller, or a representative of a prospective or actual buyer or seller. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and us is intended or created by this Agreement.
Subject to the terms of this Agreement, we grant to you, during the term of this Agreement, a limited license to access and use the Services. You are welcome to link to our website from your website or social media channels, provided that your website does not imply any endorsement by or association with Buy Used & Local, LLC.
We retain the right to refuse any and all current or future use of the Services, for any reason at any time. Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access and/or refuse to provide the access to the Services to you if you breach any of these Terms of Service, we are unable to verify or authenticate any information you provide to us to create your account, or if we believe that your actions are impermissible or may create liability for us.
Certain parts of the website are protected by passwords and require a login. You agree not to disclose or share your password with any third party or use your password for any unauthorized purpose. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your registration or password.
We do not request your feedback concerning the Services. Nonetheless, if you provide us with any feedback (including through any contact information available on the website or public forums) concerning the Services, you also grant us and our successors a worldwide, non-exclusive, royalty-free, perpetual and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of such feedback, in any media format and through any media channels, including incorporating such feedback on the Services.
If you are a buyer, you acknowledge and agree that your use of the Services or bidding on or purchasing items via our website does not give you permission to enter the property of any seller or to contact the seller, except as expressly provided by us or the seller. Any buyer found trespassing on seller’s property or contacting sellers will be prohibited from accessing the Services and may be subject to investigation by the authorities.
ELIGIBILITY TO USE SERVICES
THE SERVICES ARE NOT AVAILABLE TO ANY PERSONS UNDER THE AGE OF 18. By using the Services, you affirm (a) that you are at least 18 years of age; (b) any information you provide to us is accurate and truthful and you will maintain the accuracy of such information; (c) you are legally permitted to use and access the Services and take full responsibility for your access, selection and use of the Services; (d) your use of the Services does not violate any applicable law or regulation; and (e) you will maintain accurate credit or debit card information with us.
You will neither use nor permit others to use the Services (a) for any unlawful, invasive, infringing, defamatory, fraudulent, or obscene purpose; (b) to create any virus, worm, Trojan horse, or harmful code; (c) for any illegal or unauthorized purpose; (d) to violate any federal, state, or local laws, including those to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement; or (e) to alter, steal, corrupt, disable, destroy, trespass, or violate any security or encryption of any computer file, database, or network.
YOUR RIGHTS AND RESPONSIBILITIES
You are responsible for providing accurate information to us about yourself and/or your items, and to inform us if and when that information changes. We cannot be responsible for incomplete and/or inaccurate information.
We strive to create a safe place for employees, buyers and sellers where everyone is treated with courtesy and respect. Abusive, unsafe or threatening behavior will not be tolerated and may result in immediate termination of your access to Services without notice, at our sole discretion.
NO WARRANTY OR GUARANTEES
You acknowledge and agree that your access and use of the Services and of any items purchased via our website is at your own risk. WE MAKE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, RELATING TO THE ITEMS BOUGHT OR SOLD ON THE WEBSITE.
All items are sold as-is, where-is. While we are committed to doing our best to indicate damage, repairs, restorations and working condition, the absence of these descriptions should not be construed to mean the item is in perfect condition since most of the items that are sold by us are antique, vintage or used. Signs of wear consistent with age is to be expected. We are not responsible for acts or omissions from the seller. Unless specified, all items are sold without warranty or Certificate of Authenticity.
WE DO NOT WARRANT THAT OUR ONLINE BIDDING SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS IN THE SOFTWARE OR ONLINE CONTENT WILL BE CORRECTED.
INTERACTION WITH THIRD PARTIES
The Services may contain links to third party websites that are not owned or controlled by us. If you are a user of our website, you hereby represent and warrant that you have read and agree to be bound by all applicable policies of any third party website relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. If you provide us with payment information, you are subject to the terms and conditions of our payment processor, Authorize.net, available here. We have no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party websites. In addition, we will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Services, you expressly relieve and hold us harmless from any and all liability arising from your use of any third party website.
All right, title, and interest in and to the Services, and all material, images and/or text available on or through the website (including, without limitation, text, graphics, logos, button icons, images, audio clips and software), are and will remain the exclusive property of us and our licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms of Service gives you a right to use the Buy Used & Local name or any of our trademarks, logos, domain names, software, and other distinctive brand features. You acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, patents, copyright, rights in databases and software, trademarks and trade names whether registered or unregistered and subsisting anywhere in the world) in the Services belongs to us or our third party licensors. Accordingly, any part of the Services may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing the Services.
All material, images and text included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of or licensed by us or our content suppliers and protected by United States and international copyright laws. Such intellectual property laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable intellectual property laws may give rise to civil and/or criminal penalties.
We respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied, reproduced or published in a way that constitutes copyright infringement and is accessible via the Services, please notify firstname.lastname@example.org. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Services;
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
This procedure is exclusively for notifying us that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others.
THE AUCTION PROCESS
Buyers acknowledge that we may add or remove lots (or individual items from lots) from a specific sale in rare instances and we reserve the right to reset bids on a lot in an auction, at our sole discretion, if there is a change to the lot that impacts the value of the lot.
Buyers acknowledge and agree that bids placed on our website are a binding contract and you are responsible for paying all amounts due to us including the sale price, buyer’s premium and all applicable taxes. Our auctions end with a soft close. Each bid made on an item in the last minutes of bidding will add additional time to that item until the extended time has ended without new bids being placed. Bids cannot be removed by you once submitted as each bid is a legal commitment to buy the item at that price unless that price is outbid by another bidder. Please do not bid if you are unable to pay and take possession of the items in the specified time periods for each unique auction. All sales are final. No returns, credits or exchanges.
All sales are subject to the appropriate sales tax determined by the location of the sale. Tax-exempt buyers must provide a resale permit prior to the end of the auction and can be submitted in the membership profile. Your profile name and address must match the name and address on the resale permit. Sales tax will not be credited after an auction has closed if a resale permit was not presented before the close of the auction.
Successful buyers must pick up their items at the designated sale location within the assigned time frame as stated in the auction details page. We do not provide shipping or packaging services. Shipping services must be arranged by the winning bidder at the winning bidder’s own expense and must still adhere to the pick up date and time listed on the auction details page. Please do not bid if you are unable to pick up your items. If after winning an item you are unable to pick it up at the designated time, place and date due to unforeseen events, please contact us to see if alternative arrangements can be made. These arrangements are made at our sole discretion and may be subject to additional labor and travel fees.
We do not provide packing materials or moving help. Please bring your own packing materials and appropriate help and tools to dismantle and remove large items safely, along with a large enough vehicle to transport your items. You are responsible for damage to property caused directly by you or your help, and you agree to us charging repair costs to your credit card. Please do not bring your children under 12 to the pickup location. Due to the nature of moving household items, the environment is not safe for young children and could result in injury or death.
Any items not paid for and/or not picked up during the specified period of time in accordance with these Terms will be forfeited by you. We at our sole discretion will re-offer the items or donate them. We reserve the right to report your account to collections for the combined total of the original invoice amount and any additional moving or disposal charges. Your access to the Services will be terminated unless past due invoices and any additional charges are paid in full.
By bidding on an auction item, you authorize us to charge the credit or debit card you have entered on the website for the final sale price of the item in which you were the highest bidder, plus the buyer’s premium and all applicable sales tax. Your card will be charged within 24 hours following the auction end. Failure to keep valid credit card information on file will result in your use of the Services being terminated. To initiate your ability to bid on our website, an initial $1.00 pre-authorization transaction will appear on your credit card statement. This transaction will be removed within 5-7 business days.
By using our Services, you verify that you are the authorized user of the credit or debit card and that you will not dispute the purchase payments with your credit card company, provided the transactions correspond to the terms indicated in this Agreement.
California Residents. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
Upon any breach by you of this Agreement, we may pursue, in our sole discretion, all of our legal remedies, including but not limited to termination of your account and your ability to access this Services. We may also in our sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services may be effected without prior notice, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and material in your account and/or bar any further access to such information or to the Services. Further, you agree that we are not liable to you or any third party for any termination of your access to the Services.
LIMITATION OF LIABILITY; INDEMNIFICATION
You use the Services at your own risk. We will not be responsible or liable for any harm, injury or damage suffered by you or items you purchase on our website as a result of your use of the Services or of the items bought or sold on our website.
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Buy Used & Local, LLC and its employees, officers, agents, or other partners, from and against any third party claim arising from or in any way related to your use of the Services, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature including physical or monetary harm or civil or criminal claims. We shall use good faith efforts to provide you with written notice of such claim, suit or action. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
When you visit our website or send e-mails to us, you are communicating with us electronically. By registering on our website, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If any provision of this Agreement is unenforceable, that provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
If you are outside the United States, the laws of your country may be different from those of California and the United States in numerous respects. There is no practical way for us to monitor the laws of every country in detail. You accept sole responsibility for the legality of your actions under laws applying to you.
This Agreement will be governed by and construed in accordance with the laws of the State of California. By using the Services, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in California.
This Agreement is void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions.
We reserve the right, in our sole discretion, to change, modify, add or remove portions of this Agreement, at any time. It is your responsibility to check this Agreement periodically for changes. The latest version of this Agreement supersedes any previous versions of this Agreement. Your continued use of the Services following the posting of changes will mean that you accept and agree to the changes. If you do not agree to the new terms, please stop using the Services.
Questions about the Terms of Service should be sent to email@example.com.
Buy Used & Local, LLC
Effective Date: August 23, 2017
WHAT INFORMATION DO WE COLLECT?
- ✪ Information that we collect from sellers. If you are a seller or representative of a seller (a "seller"), when you visit our website or use our Services, we may collect and store information that you provide to us, including your first and last name, email address, home address, and information abut the items to be sold.
- ✪ Information that we collect from buyers. If you are a buyer, when you visit our website or use our Services, we may collect and store information about you that you provide to us, including your first and last name, email address, username and password. We also collect your credit card information. We also collect your credit card number, card type, expiration date, and security code. We do not store credit card information.
HOW DO WE USE AND SHARE YOUR INFORMATION?
We do not disseminate, disclose, sell or publish any personally identifiable information without your express written consent, except as set forth below. Most of our services do not require any form of registration, allowing you to visit our site without telling us who you are. However, some services may require you to provide us with personal information. In these situations, if you choose to withhold any personal information requested by us, it may not be possible for you to bid on or sell items on our online auction. We may collect and use personal information to provide you with products or services, to bill you for products and services you request, to market products and services which we think may be of interest to you, or to communicate with you for other purposes which are evident from the circumstances or about which we inform you when we collect personal information from you.
- ✪ Sellers. We collect and store the personal information we collect from you, including first and last names, email address, postal address and information about items to be sold. We will publish information about the items to be sold on our online auction, but we will not publish personal information on our website. If an item is sold, we will provide the buyer with information necessary for them to pick up the item, including the address of the item.
- ✪ Buyers. We collect and store the information that you provide, including your first and last name, email address, username and password. We will not use this personal information for any purposes other than verifying your identity, authenticating your login, and facilitating your access to the Services.
- ✪ Statistical Information. We may collect and store non personally-identifiable information regarding your usage of our website, the website or websites you were visiting before or when you visited our website, your IP address, technical reports, and any other non-identifiable, statistical information.
- ✪ Protection of Us and Others. We may access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; or protect the rights, property, or safety of us, our employees, our users, or others.
- ✪ With Your Consent. We may share your information in other circumstances with your prior written consent.
HOW DO WE PROTECT YOUR INFORMATION?
We will store your information internally using industry-standard secure storage technologies. When you submit personal information via the Services, your information is protected both online and off-line, and all information is encrypted. While we use encryption to protect sensitive information online, we also do everything in our power to protect your information off-line. All of our users’ information, not just personal information, is restricted.
However, we cannot ensure or warrant the security of any information you provide to us or guarantee that information on the Services may not be accessed, disclosed, altered, or destroyed by unauthorized persons or hardware or software failure.
HOW MAY WE COMMUNICATE WITH YOU?
You are cautioned that any online communications may not be fully confidential. In addition, you should be aware that federal postal regulations do not protect electronic mail.
You should be aware that our administrative personnel may, in the course of their regular duties, have access to communications for technical or operational purposes. We may also disclose any communications to the extent permitted or required by law.
DO NOT TRACK
We currently do not participate in any "Do Not Track" frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your information. We may engage third parties, such as marketing or analytics partners, who may collect information about your online activities over time and across different websites when you use our website.
"Cookies" are small data file identifiers that are transferred to your computer or mobile web browser that allow us to recognize your browser or mobile device and transfer information about you and your use of our Services. For example, cookies that we use tell us how many times you have visited our website, your search preferences, and which links you have clicked on. We use "persistent" cookies to save your login information for future logins to the Services. We also use "session ID" cookies to enable certain features of the Services, to better understand how you interact with the Services and to monitor aggregate usage by users and web traffic routing on the Services. Unlike persistent cookies, session ID cookies are deleted from your computer when you log off from a Service and close your browser. Most Web browsers are initially configured to accept cookies, but you can change this setting so your browser either refuses all cookies or informs you when a cookie is being sent. Also, you are free to delete any existing cookies at any time. Please note that some features of the Website may not function properly when cookies are disabled or removed. We use IP addresses to administer our website.
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal information that we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to Buy Used & Local, LLC, 5669 Snell Avenue #450, San Jose, CA 95123.
SERVICES NOT DIRECTED TO CHILDREN
Children under 18 may not use our Services. If you are under 18, please do not attempt to use the Services unsupervised. We do not knowingly collect or solicit any personal information from anyone under the age of 18. If you are a parent and you become aware that your child has provided us with information without your consent, please contact us at firstname.lastname@example.org.
HOW TO CONTACT US